People v. Gonzales

Defendant Ivan Joe Gonzales was convicted of murdering Genny Rojas. The jury found as a special circumstance that the murder was intentional and involved the infliction of torture. However, it was unable to reach a penalty verdict. Another jury was impaneled, and the second penalty phase trial resulted in a death verdict.

I. FACTS

A. Guilt Phase

1. Prosecution

Genny Rojas was four years old when she died in July 1995. She and her siblings had been removed from their mother’s custody in April 1994, because their mother was abusing drugs and neglecting the children. They were placed with their grandmother, Utilia Ortiz. While in Ortiz’s care, Genny appeared to the social worker to be happy and well cared for. However, she was a difficult child, fearful and prone to tantrums. Ortiz soon placed Genny in the care of Ortiz’s daughter Anita and her husband Victor Negrette. After four months, the Negrettes decided that Genny had needs they were unable to meet. They returned her to Ortiz toward the end of 1994. In February 1995, Ortiz sent Genny to live with another daughter, Veronica, and her husband Ivan Gonzales, the defendant in this case. The Gonzaleses had six children…